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PEOPLE v. MIMS

205 A.D.2d 78 (1994)

The People of the State of New York, Appellant, v. John Mims, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 25, 1994

Attorney(s) appearing for the Case

Nancy Strohmeyer of counsel (Mitchell G. Krapes and Paul Harnisch with her on the brief; Robert M. Morgenthau, District Attorney of New York County), for appellant.

CARRO and ELLERIN, JJ., concur with TOM, J.; SULLIVAN, J. P., and ASCH, J., dissent in a separate opinion by SULLIVAN, J. P.

TOM, J.

On September 27, 1991, at approximately 10:30 P.M., Police Officers Brian Fleming and Edward Lott were in uniform on a rooftop observation post overlooking the front of 303 West 154th Street, a six-story residential building (the Building). As Officer Lott guarded the roof area to ensure that no one approached the officers from behind, Officer Fleming, with binoculars, observed defendant as he stood in...

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